Wills Act 1695

Wills Act 1695X1

1695 CHAPTER 38 7 and 8 Will 3

An Act to take away the Custome of Wales which hinders persons from disposeing their Personal Estates by their Wills.

Editorial Information

X1 Abbreviated title derived from Chronological Table of the Statutes: Covering the Period from 1235 to the End of 1971 (London: Her Majesty's Stationery Office. 1972)

Recital that Widows and younger Children of Persons dying, Inhabitants in Wales, &c. claim their reasonable Part in the Goods and Chattels of the deceased, by Colour of Custom, &c; Persons inhabiting in Wales, &c. may bequeath all their Personal Estate.; Widows, Children, &c. barred such their Claims.

Whereas in several Counties & Places within the Principality of Wales and Marches thereof the Widdows and younger Children of Persons dyeing Inhabitants therein have often claimed and pretended to be intituled to a part of the Goods & Chattells of their late Husbands or Fathers called her and their reasonable Part by virtue or Collour of a Custome or other Usage within the said Principality and Marches thereof notwithstanding any Disposition of the same by their Husbands and Fathers last Wills and Testaments or by Deed in their Lives time and notwithstanding a competent Joynture according to the Agreement made for the Livelyhood of the said Widdows by their Husbands which have often occasioned great Troubles Disputes and Expences about and concerning such Custome & Usage whereby many Persons have been and are disabled from making sufficient Provision for their Families younger Children & Relations and greate Disputes Troubles and Expences have often happned concerning the same to the great Damage or Ruine of many For Remedy whereof and for preventing all Questions Doubts and Difficulties for the future touching the said Custome and Usage Be it enacted by the Kings most Excellent Majesty by and with the Advice & Consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliam[ent] assembled and [X2 by] the Authority of the same That from and after the Twenty fourth day of June One thousand six hundred ninety six it shall and may be lawfull for any Person or Persons inhabiting or residing or who shall have any Goods or Chattels within the Principality of Wales or Marches thereof by their last Wills and Testaments to give bequeath and dispose of all and singuler their Goods Chattles Debts and other Personal Estate to their Executor or Executors or to such other Person or Persons as the said Testator or Testators shall think fitt in as large and ample manner as by the Laws and Statutes of this Realme any Person or Persons may give and dispose of the same within any part of the Province of Canterbury or elsewhere And that from and after the said Twenty fourth day of June One thousand six hundred ninety six the Widdows Children and other the Kindred of such Testator or Testators shall be barred to claime or demand any part of the Goods Chattles or other Personal Estate of such Testator or Testators in any other manner than as by the said last Wills & Testaments is limitted and appointed Any Law Statute Custome or Usage to the contrary in any wise notwithstanding.

Editorial Information

X2 interlined on the Roll.

II. Proviso for Women now married, &c.

X3 Provided always that nothing in this Act contained shall extend to take away any Right or Title which any Woman now married or younger Children now born may have to the reasonable part of their Husbands or Fathers Estate by virtue or Colour of the said Custom or Usage.

Editorial Information

X3 annexed to the Original Act in a separate Schedule.